part ii - contract clauses

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DE-AC05-00OR22725 Modification No. 341 Section I (ii) When the negotiated contract or subcontract price is less than what the negotiated price would have been had the Contractor used a compliant practice, the difference is decreased cost to the Government. (3) For noncompliances that involve accumulating costs, determine the increased or decreased cost to the Government for flexibly-priced contracts and subcontracts as follows: (i) (ii) When the costs that were accumulated under the noncompliant practice exceed the costs that would have been accumulated using a compliant practice (from the time the noncompliant practice was first implemented until the date the noncompliant practice was replaced with a compliant practice), the difference is increased cost to the Government. When the costs that were accumulated under the noncompliant practice are less than the costs that would have been accumulated using a compliant practice (from the time the noncompliant practice was first implemented until the date the noncompliant practice was replaced with a compliant practice), the difference is decreased cost to the Government. (4) Calculate the total increase or decrease in contract and subcontracts incentives, fees, and profits associated with the increased or decreased cost to the Government in accordance with 48 CFR 9903.306(c). The associated increase or decrease is based on the difference between the negotiated incentives, fees, and profits and the amounts that would have been negotiated had the Contractor used a compliant practice. (5) Calculate the increased cost to the Government in the aggregate. (j) If the Contractor does not submit the information required by paragraph (b) or (c) of this clause within the specified time, or any extension granted by the CFAO, the CFAO may take one or both of the following actions: (1) Withhold an amount not to exceed 10 percent of each subsequent amount payment to the Contractor's affected CAS-covered contracts, (up to the estimated general dollar magnitude of the cost impact), until such time as the Contractor provides the required information to the CFAO. (2) Issue a final decision in accordance with FAR 33.211 and unilaterally adjust the contract(s) by the estimated amount of the cost impact. (k) Agree to-- DE-AC05-00OR22725 Section I—Page 124 of 276
DE-AC05-00OR22725 Modification No. 341 Section I (1) Contract modifications to reflect adjustments required in accordance with paragraph (a)(4)(ii) or (a)(5) of the clauses at FAR 52.230-2 and 52.230-5; or with paragraph (a)(3)(i) or (a)(4) of the clause at FAR 52.230-3; and (2) Repay the Government for any aggregate increased cost paid to the Contractor. (l) For all subcontracts subject to the clauses at FAR 52.230-2, 52.230-3, or 52.230-5-- (1) So state in the body of the subcontract, in the letter of award, or in both (do not use self-deleting clauses); (2) Include the substance of this clause in all negotiated subcontracts; and (3) Within 30 days after award of the subcontract, submit the following information to the Contractor's CFAO: (i) (ii) Subcontractor's name and subcontract number. Dollar amount and date of award. (iii) Name of Contractor making the award. (m) Notify the CFAO in writing of any adjustments required to subcontracts under this contract and agree to an adjustment to this contract price or estimated cost and fee. The Contractor shall— (1) Provide this notice within 30 days after the Contractor receives the proposed subcontract adjustments; and (2) Include a proposal for adjusting the higher-tier subcontract or the contract appropriately. (n) For subcontracts containing the clause or substance of the clause at FAR 52.230-2, FAR 52.230-3, or FAR 52.230-5, require the subcontractor to comply with all Standards in effect on the date of award or of final agreement on price, as shown on the subcontractor's signed Certificate of Current Cost or Pricing Data, whichever is earlier. I.76 52.232-17 INTEREST. (OCT 2008) (a) Except as otherwise provided in this contract under a Price Reduction for Defective Cost or Pricing Data clause or a Cost Accounting Standards clause, all amounts that become payable by the Contractor to the Government under this contract shall bear DE-AC05-00OR22725 Section I—Page 125 of 276
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I.4 52.203-6 RESTRICTIONS ON SUBCON
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I.44 52.222-20 WALSH-HEALEY PUBLIC
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(6) Disseminate the Contractor's eq
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I.163 970.5245-1 PROPERTY. (DEC 200
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